Orlando Child Custody Attorney
Seek Support From Our Experienced Child Custody Lawyer in Orlando
Child custody can be one of the most difficult and contested aspects of a divorce. The children’s well-being is usually the greatest concern when parents split up.
At The Law Office of Paulette Hamilton, P.A., our Orlando child custody lawyers understand the problems you may be facing in regards to custody. Our firm is dedicated to helping you and your spouse or unmarried partner find ways to resolve your differences effectively.
To discuss your issue with our Orlando child custody lawyers, call us at (407) 624-5344 or request a consultation online.
Child Custody Guidelines & Policies in Florida
Our child custody attorneys in Orlando handle all types of issues related to child custody, including:
- Time-sharing
- Temporary custody
- Paternity
- Full custody
- Relocation, including international relocation cases
- Parental relocation disputes
Custody Terms in Florida
Florida has done away with terms such as “custody,” “custodial parent,” and “noncustodial parent.” Florida courts now assign parental responsibility to parents, either sole responsibility or shared responsibility. Visitation rights have now been termed as time-sharing arrangements in which parents create a parenting plan that details those arrangements.
Understanding Custody Terms in Florida
When it comes to child custody in Florida, it's important to understand the different terms and arrangements that may apply to your situation. Our experienced Orlando child custody attorneys can help you navigate the complexities of custody laws and policies in the state.
Some key custody terms to be aware of include:
- Legal Custody: This refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religious upbringing.
- Physical Custody: This determines where the child will live and how visitation schedules will be arranged.
- Joint Custody: Both parents share the responsibility for making decisions and caring for the child.
- Sole Custody: One parent has full responsibility for making decisions and caring for the child.
By understanding these terms and their implications, you can work towards reaching a fair and sustainable custody arrangement that prioritizes the well-being of your child. Contact us today to discuss your case with our dedicated child custody lawyers in Orlando.
Creating a Parenting Plan
When creating a parenting plan, you will need to decide:
- With whom your child(ren) will live the majority of the time
- When your child(ren) will spend time with the other parent
- How responsibility will be shared for major decisions concerning the child’s health, education, religious upbringing, and other important matters
- How child support will be impacted by living arrangements with each parent
In determining child custody matters, the court’s priority is always what is in the best interests of the child. Courts favor children having a continuing and meaningful relationship with both parents unless some factor – such as substance abuse or domestic abuse – would prohibit it.
What is the New Custody Law in Florida 2023?
As of July 1, 2023, Florida has a new child custody law that creates a rebuttable presumption that equal timesharing is in the child's best interest. Courts must presume that equal timesharing is in the child's best interest when creating or modifying a parenting plan.
The new law also gives equal parental rights to unwed fathers. Biological fathers who voluntarily acknowledge paternity and complete the necessary paperwork to appear on the child's birth certificate will have the same rights to parent their child as the unwed mother.
The new law is known as the "Good Dad Act."
How Can I Get Full Custody of My Child?
A court will only grant full custody if it is determined to be in the best interests of the child. Full custody will not happen due to a request, but rather due to the judge determining that it will truly benefit the child.
Is There a Difference Between Full and Sole Custody?
No — full and sole custody are the same. Full custody is not a legal term, meaning that it is only used to refer to a sole custody. Additionally, an individual that refers to their child custody as ‘full custody’ may be referring to the fact that they have sole physical custody and sole legal custody of the child. It is possible for one parent to have full physical custody of a child, while sharing legal custody, or vice versa.
How do I File for Full Custody in Florida?
Florida law states that shared parental responsibility is typically in the best interest of the child, so if you are fighting for sole custody, you will need to state why shared custody would be detrimental.
If you are married and are seeking full custody of your children during divorce proceedings, you’ll need to file for custody in the county where you reside. However, if you are unmarried, you will need to file a Petition to Determine Paternity — even if this has been previously done in the county circuit court where you live. Then, the other parent will need to be served. Once they respond, you can respond accordingly.
Can a Father Keep a Child From the Mother in Florida?
A father cannot keep a child from a mother in Florida without a court order and a legally established paternity test. An unmarried mother in the child's sole custody must know she is protected under Florida child custody laws for unmarried parents.
Is Florida a Mother State?
In the case of parents that are not married, Florida is one of the states that designates the mother as the main custodian of a minor. Until paternity or custody is established, the mother has the sole legal rights of the child by default unless something changes. All mothers therefore have the right to establish paternity as well on behalf of the child.
What Is an Unfit Parent in Florida?
There are several potential reasons that could lead a parent to be unfit for child custody according to Florida Statute 751.05.
- They must have been negligent to the child or have abandoned their duties
- They could be unfit if they have a documented history of mental illnesses or drug usage
- Their home is deemed unsafe for a child to reside in
- False accusations or wrongful alienation is taking place
There are certainly other scenarios, and every case is different. Be sure to contact our child custody lawyers in Orlando to learn more!
Let Our Orlando Child Custody Lawyers Help You Reach a Fair Arrangement
Our firm is committed to helping you and the other parent of your child reach an agreement that works for everyone whether through negotiation, mediation, or litigation. We know how difficult this issue can be for many parents who may have difficulty agreeing on what is in their child’s best interests. However, our firm has helped countless parents resolve this issue and find a positive outcome at the end of the case.
Ready to discuss your case? Contact us online or at (407) 624-5344 to schedule a consultation with an Orlando child custody lawyer.
Our Clients Are an Extension of Our Family
Read the Opinions That Matter Most
-
"Paulette was awesome!!!!"I highly recommend Paulette Hamilton to anyone in need of legal services. She was awesome and made me feel very comfortable during a very rough time. She was honest answered all my questions and explained everything. Paulette was awesome!!!!- Quan A.
-
"Thank you Paulette, Angela and Susan."From the moment I first called in and spoke with the office manager, Susan, I knew then my case mattered - before even spending a dime. Paulette handled my consultation with care and knowledge. She did not make me feel rushed and assured me that my worries about the cost to fight was not as important as hearing my story. That helped me feel less pressure and focus on the matter at hand. I have had multiple free consultations, which are always rushed and never informative. Paulette did the complete opposite, we even laughed a little to help lighten the mood. My case was then assigned to my paralegal Angela, who I swear appeared very knowledgeable about the rules and procedures of my situation. She spent her time with me answering my questions, reassuring me and reminding me that this office is a team and I will never feel alone. Along the process we laughed together, cried together, and even celebrated - COVID style of course. Watching Paulette fight for me at trial meant so much. I felt extremely prepared and ready to hit head on. I appreciate how thorough Paulette and Angela were during this whole process. Honest and always kept me on track. While I don't plan to marry just to divorce again, I know if the time comes I have a confident legal team to back me up. You will regret not having contacted this law office. Thank you Paulette, Angela and Susan.”- Kym B.
-
"They provided comforting words when I felt like I could not take anymore."Paulette Hamilton and her team are very professional, savvy, and friendly. They are very knowledgeable and dependable. Paulette is an awesome, smart, beautiful attorney. She is brilliant!!! I recommend the Law office of Paulette Hamilton to anyone who is experiencing legal issues pertaining to family law. Karl and Susan are very compassionate and they are always ready to listen and provide an empathetic and sympathetic ear. I love that they provided comforting words when I felt like I could not take anymore. Thank you so much!!! This team is the best. Paulette has helped me and there are not enough words to express my gratitude and my thanks to Paulette and her firm. They treat you like family!!!!!- Elrica R.
-
"I love this law firm."Thanks to this law firm I walked out of court today with zero child support wish I thought I had to pay at least $250 or more and zero for the $5,640 that my ex-wife asked for, even when I told my ex that I could give her $2,500 (that happen in mediation) but she decided to take me to court and fight for every penny but what she didn't know was, that I will go with the BEST ATTORNEY IN TOWN and I will have to pay nothing for all she asked for. COURT ORDER ZERO CHILD SUPPORT, ZERO FOR THE $5,640 AND ONLY 25% FOR MEDICAL EXPENSES! Mrs. Hamilton deserves every penny I paid! By the way, I had to fire my ex-lawyer. It wasn't good so I can tell which lawyer is good and not!!! I love this law firm. Thanks Danielle, Susan and attorney Hamilton- Jean Carlo V.
-
"Thanks to Mrs. Hamilton and staff for their outstanding service!"Very professional and knowledgeable staff. My uncontested divorce was completed within a couple of months. Thanks to Mrs. Hamilton and staff for their outstanding service!- Virtuous Merchant
-
"She is a blessing to have on your side representing you!"Paulette and her team are very professional and caring. She truly cares about you as a person and helps you through all the emotional roller coasters associated with legal matters and personal changes. She is a blessing to have on your side representing you!- Eve B.
-
"Paulette Hamilton Law Office has done a wonderful job on my case"Paulette Hamilton Law Office has done a wonderful job on my case, it was very professional and I would strongly recommend this law firm to anybody who's looking for the best representation- Paul Evens P.
-
"Knowledge, honesty, courage, and passion."I have had several lawyers in the past regarding my custody case. Those lawyers lacked the following: knowledge, honesty, courage, and passion regarding my matter. After my experience with previous attorneys, I needed someone who was not going to talk over my head or beat around the bush. I was referred to Ms. Hamilton by a friend that was very satisfied with her legal services. I was very impressed with Ms. Hamilton after my consultation. She was very informative and straight to the point with me. She hit on all the pros and cons for myself and the opposing party. There are no guarantees in life, so I fully appreciate an attorney who keeps it 100% real with me. Ms. Hamilton gave me an outline for my case and the projected costs as well as a timeframe for such a case. There is no such thing as cheap legal services if the services are cheap then the work will be shoddy. I have had that problem in the past and I am no longer going to forego a couple of bucks if it means ruining my case. Ms. Hamilton has reasonable rates with a very professional legal approach. Since Ms. Hamilton has been on my case, she has corrected several errors that my previous attorneys made in the case. My case is going smoothly and we are hoping to be able to work towards an agreement soon! Ms. Hamilton has made that possible in my case. I know how to be a good client, but I am glad that I have someone that knows how to be a good attorney. Thank you Ms. Hamilton!!! If you need an attorney that is straightforward and committed to a resolution then Ms. Hamilton is the attorney for you.- L.B.
